Can I sell my inherited house without the consent of the heirs?
July 9, 2023 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
my name is Laura Kuhn and I recently inherited a house that I would like to sell. However, I am not sure if I am allowed to sell the house without the consent of the other heirs.
The situation is as follows: My father passed away a few months ago and left me the house as the sole heir. There are other heirs, my siblings, who are also mentioned in the will.
The current situation is that the house is vacant and there are costs for maintenance and taxes. Since I do not want to live in the house myself and do not have the financial means to cover the ongoing costs, selling the house would be the best option for me.
My concern is that my siblings may not agree to the sale and this could lead to disputes. However, I do not want to break the law and risk legal consequences.
My question to you as a lawyer is therefore: Am I allowed to sell my inherited house without the consent of the heirs? Are there possible solutions to proceed with the sale even without the consent of the heirs? I would greatly appreciate a legal assessment and possible recommendations.
Thank you in advance.
Kind regards,
Laura Kuhn
Dear Mrs. Kuhn,
Thank you for your inquiry regarding the sale of your inherited house without the consent of the other heirs. First and foremost, my sincere condolences on the loss of your father. It is understandable that you are concerned and seeking clarity in this situation.
In the situation you have described, as the sole heir, you generally have the right to sell the inherited house without needing the approval of the other heirs. As the sole heir, you are entitled to dispose of the inherited assets and therefore to independently decide on the sale of the house. In this case, your siblings do not have a say or veto regarding the sale.
However, it is important to note that the other heirs still have a claim to their inheritance share. This means that they can claim a portion of the sales proceeds as a payout of their inheritance share. Therefore, it would be advisable to clarify the division of the inheritance with your siblings before selling the house in order to avoid potential conflicts or disputes.
One way to proceed with the sale without the consent of the heirs would be to reach an agreement on the sales proceeds. For example, you could offer your siblings a fair compensation to obtain their consent to the sale. Another option would be to involve a lawyer or notary to find a legally secure solution and settle the division of the inheritance.
It is advisable to seek legal advice in such a situation to avoid potential risks or pitfalls. A lawyer can inform you comprehensively about your rights and obligations as the sole heir and assist you in the sale process.
I hope my explanation has been helpful and provided you with an initial assessment of your question. If you have any further questions or uncertainties, please do not hesitate to contact me.
Sincerely,
Nina Koch, Attorney at Law
